Mitigation
EAT (Employment Appeals Tribunal)
Either as part of the above or as a separate clinical assessment we can provide evidence and support in such cases including representation and/or expert witness at Tribunals.
Case Study
- Employee assessed by major OH player as being unfit for duties of FLT driver
- Employer offered Alternative Duties
- GP stated employee was fit to work
- Employee refused alternative duties
- Employer stated option dismissal on Capability or Incapacity
- Employee chose Incapacity
- Then went to EAT for Unfair Dismissal
- Employee collapsed during Tribunal
- At 2nd sitting EAT stated now also DDA Case
- Employer lost DDA case
- HRM called to mitigate compensation
- HRM collated medical evidence to prove employee Unfit to Fit to Work as FLT Driver and Unfit to Work for any length of time due to rapid deterioration of medical condition
- HRM used expert witness at Tribunal
- Employee only awarded £12,500
- Saving £87,500
